i strongly disagree with the obama administration's decision to roll out and in the combat the status for the suspect at this time. i believe such a decision is premature. it is impossible for us to gather the evidence in just a few days to determine whether or not this individual should be held for questioning under the law of war. the decision by the administration to try this individual in federal court is a sound decision. it is the right decision. military commission trials are not available in cases like this. i wrote the 2009 military commission act. i have been the judge advocate for over 30 years, along with the help of many colleagues. we created a system for foreign terrorists. we purposely excluded american citizens. i have all the confidence in the world in article 3 courts at the federal level. they do a terrific job. i have confidence in our military commissions system. the decision by the administration not to proceed in state court in massachusetts i think was the correct decision. the death penalty will be available at the federal level. this is clearly in my view a